Issues: Whether the addition made on account of alleged bogus purchases deserved full disallowance or was to be restricted to the profit element embedded in such purchases.

Analysis: The assessee had furnished invoices, bank statements, stock register, delivery challans and other corroborative material, and the sales were not doubted. The books of account were not rejected. The addition was based substantially on general information from the Sales Tax Department and non-production of the alleged suppliers, but no specific defect in the documentary evidence or case-specific enquiry discrediting the purchases was demonstrated. In these circumstances, the Tribunal held that the proper course was not to tax the entire purchase value. Relying on the principle that only the profit embedded in non-genuine purchases can be brought to tax, the Tribunal directed computation of the differential gross profit, if any, attributable to the disputed purchases.

Conclusion: The full addition was not sustained; the matter was confined to the profit element, if any, in the alleged bogus purchases, resulting in partial relief to the assessee.

Issues: Whether the writ petitions challenging orders of the Customs, Excise and Service Tax Appellate Tribunal were maintainable in view of the statutory appellate remedy under Section 35G of the Central Excise Act, 1944.

Analysis: The objection to maintainability was accepted after considering Section 35G of the Central Excise Act, 1944 and the respondents' preliminary objection that the proper course was a statutory appeal rather than writ jurisdiction. The petitioner was permitted to take back the papers and present the matters as Civil Miscellaneous Appeals.

Conclusion: The writ petitions were held to be not maintainable and the objection was upheld.

Final Conclusion: The challenge to the Tribunal's orders did not proceed in writ jurisdiction, and the petitioner was directed to pursue the statutory appellate remedy.

Ratio Decidendi: Where a specific statutory appeal lies under Section 35G of the Central Excise Act, 1944, writ jurisdiction should not be invoked to bypass that remedy.

Issues: Whether the ex parte assessment order passed under Section 73 of the Tamil Nadu Goods and Services Tax Act, 2017 should be set aside and the matter remanded to enable the assessee to file a reply and supporting documents.

Analysis: The assessment had been completed ex parte because the assessee had not utilised the opportunities provided. The Court noted the explanation offered for the non-participation and the request for an opportunity to place the case on merits before the assessing authority. In the circumstances, the Court found it appropriate to grant a further opportunity and permit the assessee to submit the reply and relevant records for fresh consideration.

Conclusion: The ex parte assessment order was set aside and the matter was remanded to the respondent for fresh adjudication after hearing the assessee.

Issues: Whether a company engaged in coal beneficiation or washing is entitled to quashing of a criminal complaint alleging non-compliance with the requirement of appointing a cost auditor and maintaining cost records under the Companies Act, 2013 and the Companies (Cost Records and Audit) Rules, 2014.

Analysis: The company contended that coal washing was only a service and did not amount to production or manufacture, while the respondents relied on the company's own disclosures, product code and turnover particulars to show that the activity fell within the prescribed category of mineral fuels and attracted the cost audit regime. The memorandum of association and statutory filings indicated engagement in mining and working of minerals, and the disclosed activity was not limited to washing alone but also included allied activities. The Court examined the legal meaning of manufacture, production and processing, and noted that beneficiation of coal alters raw coal, removes impurities, improves quality and yields a commercially distinct product. The Court also treated the precise nature of the process undertaken by the company as a mixed question of fact and law, not suitable for quashing at the threshold on the mere assertion that no manufacture was involved.

Conclusion: Coal beneficiation cannot be said per se to fall outside the ambit of manufacture or the cost audit framework, and the complaint was not liable to be quashed.

Issues: (i) whether Sheikh Mehmood and Ravinder Kumar Gupta were entitled to bail pending trial in a case involving allegations of conspiracy and participation in a homicidal assault; (ii) whether Parshotam Singh, Suraj Singh, Vikas Singh and Sandeep Charak were entitled to bail on the material then available.

Issue (i): whether Sheikh Mehmood and Ravinder Kumar Gupta were entitled to bail pending trial in a case involving allegations of conspiracy and participation in a homicidal assault.

Analysis: Bail was assessed on the settled balance between the rule of liberty and the seriousness of the accusation, with emphasis on the prima facie material, the gravity of the offence, the nature of the evidence, antecedents, age and health, and the risk of influencing witnesses or derailing the trial. As regards Sheikh Mehmood and Ravinder Kumar Gupta, the Court noted their advanced age, medical condition in the case of Sheikh Mehmood, and inconsistencies in the evidence to some extent against Ravinder Kumar Gupta.

Conclusion: Bail was granted to Sheikh Mehmood and Ravinder Kumar Gupta, subject to conditions to be imposed by the trial court, and the result was in their favour.

Issue (ii): whether Parshotam Singh, Suraj Singh, Vikas Singh and Sandeep Charak were entitled to bail on the material then available.

Analysis: The Court found that, on the material then available, the case against these appellants could not be treated as one lacking an overt homicidal act, a link between the death and the alleged conspiracy, or shared intention. The seriousness of the offence and the prima facie material were considered sufficient to refuse bail at that stage.

Conclusion: Bail was declined to Parshotam Singh, Suraj Singh, Vikas Singh and Sandeep Charak at that stage, and the result was against them.

Final Conclusion: The batch of appeals was disposed of by enlarging two appellants on bail and declining bail to the remaining appellants, with liberty to seek renewal of bail after further progress of the trial.

Ratio Decidendi: In serious offences involving homicide and conspiracy, bail turns on a cumulative assessment of the prima facie case, gravity of the offence, nature of evidence, antecedents, age, health, and the risk of witness interference, and may be granted selectively where these considerations justify differential treatment among accused persons.

Issues: Whether the petitioner was entitled to restoration of GST registration after cancellation for non-filing of returns, subject to furnishing pending returns and making payment of tax dues, interest and late fee.

Analysis: The cancellation was founded on non-filing of returns for six months. The Court relied on the proviso to Rule 22(4) of the Central Goods and Services Tax Rules, 2017, under which proceedings may be dropped if the person, instead of merely replying to the notice, furnishes all pending returns and makes full payment of the tax dues with applicable interest and late fee. The Court treated the earlier coordinate bench decision as covering the same factual and legal position and noted that cancellation of registration carries serious civil consequences. It therefore directed the petitioner to approach the concerned authority within 60 days and comply with the stipulated statutory requirements.

Conclusion: The petitioner was granted a conditional opportunity to seek restoration of GST registration, and the authority was directed to consider restoration in accordance with law upon compliance with the required returns and payments.

Outcome: The writ petition was disposed of with liberty to the petitioner to file an appeal along with an application for leave to file the appeal.

Outcome: The appeal was dismissed as no substantial question of law was found to arise, and the impugned judgment was left undisturbed.

Issues: Whether the petitioner, whose GST registration had been cancelled for non-filing of returns, was entitled to restoration of registration on complying with the requirements under the CGST Rules.

Analysis: The cancellation was founded on Section 29(2)(c) of the Central Goods and Services Tax Act, 2017 for non-furnishing of returns for the prescribed period. The proviso to Rule 22(4) of the Central Goods and Services Tax Rules, 2017 permits the proper officer to drop the cancellation proceedings and pass the prescribed order where the person furnishes all pending returns and makes full payment of tax dues along with applicable interest and late fee. Relying on the co-ordinate Bench decision in a similar matter, the Court held that the petitioner should be given the same relief and be allowed to seek restoration by complying with the statutory requirements.

Conclusion: The petitioner was permitted to approach the competent authority within 60 days for restoration of GST registration, and the authority was directed to consider the request in accordance with law upon compliance with Rule 22(4), while the petitioner remained liable to pay arrears of tax, penalty, interest and late fees.

Issues: Whether the petitioner was entitled to restoration of the cancelled GST registration on filing of an appropriate application after furnishing the pending returns and making payment of the tax dues, interest, late fee and penalty, if any.

Analysis: The cancellation arose from non-filing of returns under the GST regime. The petitioner stated that the pending returns had already been filed and that he was willing to clear the dues with applicable statutory levies. The Court noted that similar matters had been disposed of earlier on comparable terms and that the respondents did not oppose a similar course. In view of the admitted willingness to comply and the fact that the registration cancellation had been occasioned by non-filing of returns, the Court found it to permit the petitioner to seek restoration before the competent authority, with the authority to verify the application and proceed according to law.

Conclusion: The petitioner was held entitled to approach the competent authority for restoration of GST registration, and the authority was directed to consider the application and restore the registration in accordance with law upon compliance with the required conditions.

Issues: Whether the delay in filing income tax returns by cooperative societies, occasioned by pending statutory audit and related difficulties, was liable to be condoned under the CBDT circulars and Section 119(2)(b) of the Income-tax Act, 1961, and whether the consequential rejection orders were sustainable.

Analysis: The entitlement to deduction under Section 80P of the Income-tax Act, 1961 was treated as substantive, while the filing of returns within time under Section 139(1) of the Income-tax Act, 1961 was viewed in the context of the newly introduced compliance burden under Section 80AC of the Income-tax Act, 1961. The Court found that the cooperative societies faced genuine hardship due to delayed audits, the COVID-19 period, and administrative difficulties, and that the CBDT circulars were issued to relieve such hardship under Section 119(2)(b) of the Income-tax Act, 1961. A restrictive insistence on day-to-day explanation was held to be hyper-technical and inconsistent with the benevolent object of the circulars, especially in light of the public interest underlying the cooperative movement and the liberal approach adopted in earlier decisions.

Conclusion: The delay in filing the returns was held to be condonable and the rejection orders were unsustainable.

Ratio Decidendi: Where a statutory or administrative scheme is enacted to relieve genuine hardship, it must be applied purposively and liberally, and a hyper-technical refusal to condone delay in filing returns cannot defeat substantive entitlement when the delay is satisfactorily explained by circumstances beyond the assessee's control.

Issues: (i) Whether the petitioner could rely on Section 53A of the Transfer of Property Act, 1882 to contend that the properties had validly vested in the firm and that the assessment proceedings suffered from jurisdictional error; (ii) Whether the assessment order was vitiated for want of a further show-cause notice or effective personal hearing, and whether the writ petitions were maintainable in view of the statutory appellate remedy.

Issue (i): Whether the petitioner could rely on Section 53A of the Transfer of Property Act, 1882 to contend that the properties had validly vested in the firm and that the assessment proceedings suffered from jurisdictional error.

Analysis: Section 53A does not transfer title or ownership and operates only as a limited shield protecting possession. A claim based on part performance requires a written contract with the necessary terms, and after the 2001 amendment an unregistered instrument does not support such a claim. On the facts, no written instrument or document of transfer was produced. The claim that the properties formed the firm's assets for depreciation purposes could not therefore be accepted on the basis of Section 53A.

Conclusion: The petitioner's challenge on this basis failed, and no jurisdictional error was established.

Issue (ii): Whether the assessment order was vitiated for want of a further show-cause notice or effective personal hearing, and whether the writ petitions were maintainable in view of the statutory appellate remedy.

Analysis: The notices under Section 142(1) of the Income-tax Act, 1961 and the detailed show-cause notice had put the assessee on notice of the material facts and proposed additions. The change from a proposed addition as unexplained investment to a final treatment as unexplained credit was held to be a natural corollary of the same factual controversy and did not require a fresh notice. The record also disclosed adequate opportunity to respond, so no breach of natural justice was found. Since the questions relating to the character of the credits and the persons in whose hands they were taxable involved a mixed question of fact and law, the statutory appeal under Section 246-A of the Income-tax Act, 1961 was held to be the proper remedy, leaving those issues open.

Conclusion: The assessment and consequential penalty orders were not interfered with in writ jurisdiction, and the petitioner was directed to pursue the statutory appeal.

Final Conclusion: The writ petitions were disposed of without adjudicating the merits of the remaining factual-tax issues, and the petitioner was left to seek relief before the appellate authority under the Income-tax Act, 1961.

Ratio Decidendi: Where the assessee has been put on sufficient notice of the factual basis for the proposed addition and no jurisdictional defect or denial of natural justice is shown, the writ court will ordinarily decline to enter disputed issues of tax characterization when an effective statutory appeal is available.

Issues: (i) whether equalization levy could be imposed on reimbursement made by the Indian assessee to its overseas subsidiary for online advertising expenses incurred with a non-resident service provider; (ii) whether the corporate veil of the overseas subsidiary could be pierced on the facts to treat the assessee as the real payer; and (iii) whether statements recorded during survey under the Income-tax Act could be relied upon to fasten liability.

Issue (i): whether equalization levy could be imposed on reimbursement made by the Indian assessee to its overseas subsidiary for online advertising expenses incurred with a non-resident service provider

Analysis: The charging provision of equalization levy applied only to consideration received or receivable by a non-resident for a specified service from a resident in India or a non-resident having a permanent establishment in India. The services in question were rendered by one non-resident to another non-resident, and the statutory text did not include reimbursement within the scope of specified service. The legislative committee report had recommended inclusion of reimbursement of such expenses, but the Finance Act did not adopt that recommendation. A taxing provision could not be extended by inference, analogy, or substance-over-form reasoning beyond its language.

Conclusion: Equalization levy could not be imposed on the reimbursement in the absence of an express statutory basis, and the finding went in favour of the assessee.

Issue (ii): whether the corporate veil of the overseas subsidiary could be pierced on the facts to treat the assessee as the real payer

Analysis: Piercing the corporate veil is an exception requiring control plus impropriety, and the company structure must be shown to be a device or fac ade to conceal wrongdoing or avoid tax. The record showed that the overseas subsidiary had been in existence long before the levy was introduced and that similar reimbursement arrangements had existed prior to the levy. On those facts, the subsidiary could not be characterised as a fac ade created for tax evasion, and mere involvement of the Indian personnel in operational matters was insufficient without proof of impropriety.

Conclusion: The conditions for lifting the corporate veil were not made out, and this issue was decided in favour of the assessee.

Issue (iii): whether statements recorded during survey under the Income-tax Act could be relied upon to fasten liability

Analysis: Statements recorded during a survey under section 133A do not, by themselves, have evidentiary value in the same manner as sworn statements recorded during search proceedings. The impugned order substantially relied on such survey statements, although the surrounding documents also indicated that the actual payments were made through the overseas subsidiary's bank accounts and supported the reimbursement character of the transactions.

Conclusion: Survey statements could not, by themselves, establish liability, and this issue was also decided in favour of the assessee.

Final Conclusion: The impugned rejection of refund could not stand. The matter was sent back for reconsideration of the refund claim after verification, with directions to grant the appropriate refund in accordance with the Court's findings.

Ratio Decidendi: A taxing levy cannot be imposed on a transaction unless it falls squarely within the charging provision, and the corporate veil may be lifted only where the structure is shown to be a sham or fac ade used for impropriety or tax evasion.

Issues: (i) Whether the 4-day delay in filing the appeal deserved condonation; (ii) whether the addition arising from alleged unverifiable purchases and the restricted disallowance sustained at 8% could be finally adjudicated on the existing record, or the matter required fresh examination.

Issue (i): Whether the 4-day delay in filing the appeal deserved condonation.

Analysis: The delay was supported by a condonation application, and the reasons furnished were accepted as constituting reasonable cause. The delay was short, and the appeal was treated as fit for admission.

Conclusion: The delay was condoned and the appeal was admitted.

Issue (ii): Whether the addition arising from alleged unverifiable purchases and the restricted disallowance sustained at 8% could be finally adjudicated on the existing record, or the matter required fresh examination.

Analysis: The dispute centred on purchases from suppliers stated to be non-filers, with the assessment made on an estimated disallowance and the first appellate authority sustaining a reduced estimate. The record showed that documentary evidence such as invoices, GST returns, e-way bills, transport receipts, stock records and bank statements had been produced, but no independent enquiry under sections 131 or 133(6) of the Income-tax Act, 1961 had been undertaken from the suppliers. The matter depended on fuller verification of purchase genuineness, movement of goods, transportation trail, stock reconciliation and banking transactions, which had not been conclusively examined.

Conclusion: The addition and the restricted disallowance were set aside and the entire matter was restored to the Assessing Officer for fresh adjudication de novo after proper verification and after granting effective opportunity to the assessee.

Final Conclusion: The controversy was not decided on merits at this stage and was remitted for fresh decision by the Assessing Officer, with both appeals treated as allowed for statistical purposes.

Issues: (i) Whether interest received on enhanced compensation under section 28 of the Land Acquisition Act is taxable as income from other sources with only the statutory deduction under section 57(iv) of the Income-tax Act, 1961, or is exempt as part of compensation under section 10(37); (ii) Whether the reassessment proceedings were vitiated for alleged non-compliance with section 144B(1)(iii) and non-supply of recorded reasons.

Issue (i): Whether interest received on enhanced compensation under section 28 of the Land Acquisition Act is taxable as income from other sources with only the statutory deduction under section 57(iv) of the Income-tax Act, 1961, or is exempt as part of compensation under section 10(37).

Analysis: The Tribunal followed its coordinate Bench decision which had examined sections 56(2)(viii), 57(iv) and 145B(1) of the Income-tax Act, 1961, as amended by the Finance Act, 2009. It held that interest received on compensation or enhanced compensation is taxable in the year of receipt under the head "Income from other sources", and that the only deduction admissible is the statutory deduction of 50% under section 57(iv). The earlier Supreme Court decisions relied upon by the assessee were distinguished in light of the later statutory scheme.

Conclusion: The addition was rightly sustained and the issue was decided against the assessee.

Issue (ii): Whether the reassessment proceedings were vitiated for alleged non-compliance with section 144B(1)(iii) and non-supply of recorded reasons.

Analysis: The Tribunal found that the assessee participated in the reassessment proceedings and failed to demonstrate any prejudice. It also found no material showing an incurable jurisdictional defect in the reassessment process warranting annulment of the assessment.

Conclusion: The challenge to the reassessment proceedings failed and the issue was decided against the assessee.

Final Conclusion: The assessment and the first appellate order were upheld, and the appeal was dismissed in its entirety.

Ratio Decidendi: After the statutory amendments governing compensation-related receipts, interest on enhanced compensation is taxable as income from other sources with the limited deduction prescribed by statute, and a reassessment will not be annulled absent demonstrated prejudice or a jurisdictional defect.

Issues: Whether the imported refined oils and candelilla wax satisfied the requirements of Notification No. 50/2017-Customs dated 30.06.2017, particularly the condition of being of edible grade, and whether an additional end-use condition could be read into the exemption.

Analysis: The goods were classified under the relevant tariff entries and the representative samples were tested by an FSSAI/NABL approved laboratory, which certified them as conforming to edible grade. The notification required only the specified classification and that the goods be refined and edible grade; it did not prescribe any end-use requirement. A condition not found in the notification could not be imported by relying on the supplementary note or on the departmental circular. The laboratory reports and the surrounding record were sufficient to establish compliance with the notification.

Conclusion: The imported goods were eligible for the exemption under Notification No. 50/2017-Customs dated 30.06.2017, and denial of benefit on the basis of intended cosmetic or pharmaceutical use was unsustainable.

Final Conclusion: The order extending the customs duty exemption to the respondent importer was upheld and the Revenue's challenge failed.

Ratio Decidendi: Where an exemption notification prescribes only specified classification and edible grade, no additional end-use condition can be read into it, and duly certified test reports may establish fulfillment of the edible-grade requirement.

Issues: (i) Whether customs duty foregone under the EPCG notification remained recoverable despite non-fulfilment of export obligation, and (ii) whether interest, confiscation and penalty could be sustained when the imported goods and hotel premises were auctioned before completion of the export obligation and the duty had already been recovered by encashment of bank guarantees.

Issue (i): Whether customs duty foregone under the EPCG notification remained recoverable despite non-fulfilment of export obligation.

Analysis: The imported capital goods were covered by the EPCG notification and were backed by bond and bank guarantees. The appellant did not dispute the duty demand. The obligation to pay duty foregone arose from failure to comply with the notification conditions, and the prior encashment of bank guarantees did not extinguish the principal duty liability.

Conclusion: The demand of customs duty was upheld and is against the assessee.

Issue (ii): Whether interest, confiscation and penalty could be sustained when the imported goods and hotel premises were auctioned before completion of the export obligation and the duty had already been recovered by encashment of bank guarantees.

Analysis: The export obligation could not be fulfilled because the project assets and imported goods were auctioned in proceedings under the SARFAESI regime, resulting in loss of possession and control. The notification itself contemplated waiver of export obligation in cases of force majeure or unforeseen circumstances. The liability to pay interest was treated as flowing from the notification and bond conditions, but the facts showed impossibility of performance. In those circumstances, the goods were not liable to confiscation, and penalty under the Customs Act could not survive. The absence of deliberate intent and the bona fide partial exports through group companies also weighed against penal consequences.

Conclusion: Interest, confiscation and penalty were set aside and are in favour of the assessee.

Final Conclusion: The appeal succeeded only to the extent of deleting the interest, confiscation and penalty, while the duty demand under the EPCG notification was maintained.

Ratio Decidendi: Where fulfilment of EPCG export obligation becomes impossible because of circumstances beyond the importer's control and the duty has already been secured by encashment of bank guarantees, confiscation and penalty cannot be sustained, and interest founded on the notification and bond cannot be enforced.

Issues: Whether a plaintiff who withdraws a suit after accepting the amount under a resolution process and thereby bringing quietus to the dispute is entitled to refund of the entire court fee.

Analysis: The Court held that the object of Section 16 of the Court Fees Act, 1870 is to encourage settlement and reduce litigation, and that a narrow construction would defeat that purpose. Relying on the settled principle of purposive interpretation, the Court treated a settlement reached outside the court, even without a formal reference under Section 89 of the Code of Civil Procedure, 1908, as sufficient to attract refund. Since the plaintiff had accepted the amount under the CIRP process in full and final settlement of the claim and undertook not to pursue further proceedings on the same cause of action, the ingredients for refund were satisfied.

Conclusion: The plaintiff was entitled to withdrawal of the suit and refund of the entire court fee.

Issues: (i) Whether the appellant was entitled to exemption under Notification No. 25/2012-S.T. for rental income from commercial shops situated within the church premises; (ii) Whether the demand could be sustained beyond the normal period and whether penalties were leviable.

Issue (i): Whether the appellant was entitled to exemption under Notification No. 25/2012-S.T. for rental income from commercial shops situated within the church premises.

Analysis: The exemption under clause 4 of Notification No. 25/2012-S.T. applies only to services provided by an entity registered under section 12AA of the Income-tax Act, 1961 by way of charitable activities. Registration alone was held insufficient, as the entity must also be engaged in the specified charitable activities. The appellant's letting of shops for business use was held to be renting of immovable property liable to service tax, and clause 5 relating to renting of precincts of a religious place meant for general public did not cover commercial shops let to private tenants for business purposes.

Conclusion: The appellant was not entitled to the exemption under Notification No. 25/2012-S.T. in respect of the commercial rental income.

Issue (ii): Whether the demand could be sustained beyond the normal period and whether penalties were leviable.

Analysis: The appellant was found to have acted under a bona fide belief and the transactions were reflected in its records. In these circumstances, the extended period was not sustained, and the demand was confined to the normal period. The penalty imposed under section 78 of the Finance Act, 1994 was also set aside.

Conclusion: The demand was upheld only for the normal period and all penalties were set aside.

Final Conclusion: The appeal succeeded in part, with the service tax demand restricted to the normal period and the penalties annulled.

Ratio Decidendi: Exemption under Notification No. 25/2012-S.T. is available only where the recipient entity is not merely registered under section 12AA but is actually engaged in the prescribed charitable activities, and commercial letting to private tenants within religious does not fall within the exemption for precincts meant for general public.

Issues: Whether interest under Section 75 of the Finance Act, 1994 was payable on service tax deposited after the due date, notwithstanding that the delay was attributed to bureaucratic constraints and the appellant being a Government department.

Analysis: The delayed deposit of service tax was undisputed. Interest under Section 75 is compensatory in nature and follows from failure to credit tax within the prescribed time. The reason for delay, including administrative or bureaucratic difficulties, does not extinguish the statutory liability to pay interest once tax has been withheld beyond the due date. The delayed payment was therefore liable to interest at the applicable rate.

Conclusion: The appellant was liable to pay interest on the belatedly deposited service tax, and the contention against levy of interest was rejected.